Isn't the crime of false advertising in the failure to deliver what was claimed, and not the claim itself? You can very well falsely advertise your product howe

Isn't the crime of false advertising in the failure to deliver what was claimed, and not the claim itself? You can very well falsely advertise your product however you like provided you don't actually sell it to anyone, because once you deliver them a product that isn't what you claimed, that's when the actual crime occurs.